In Which Circumstances Can an Objection Be Made Regarding the Person of the Guardian?
In What Circumstances Can the Person of a Guardian Be Objected To?
Where Is the Objection Filed?
In the section of the newspaper allocated to me this week, I will attempt to explain a very important subject to you. As you are aware, there are significant responsibilities involved in being a guardian. The circumstances under which the person of a guardian can be objected to in the case of an individual residing in a guardianship institution is a subject we frequently encounter. I will attempt to provide information regarding where this objection should be filed.
The Turkish Civil Code regulates in detail how a guardian's duty ends upon the expiration of the term. Specifically;
Turkish Civil Code Article 480- The duty of guardianship ends upon the expiration of the term, provided it is not extended.
Under the relevant article of the Turkish Civil Code, in the event that a guardian is appointed to a restricted person by the guardianship authority, if the guardianship duty is not extended, the duty terminates automatically upon the expiration of the term. The Court of Cassation holds the view that if a decision regarding the termination of the guardian's duty is not taken by the authorized court, the guardian's duty continues at the end of the term through the tacit acceptance of both the guardian and the Judge of the Civil Court of Peace. This perspective is accepted as a general rule as it is consistent with the intention of the legislator and other provisions enacted to ensure that the person under guardianship does not remain unrepresented.
Upon the death of the restricted person under guardianship, a matter that arises, if deemed necessary by the Judge of the Civil Court of Peace, which is the guardianship authority, is how the inheritance will be distributed. The inheritance of the person under guardianship is distributed by their legal heirs in accordance with the inheritance provisions contained in Book 3 of the Civil Code. There is no different practice regarding the distribution of the inheritance of a person who passes away while under restriction. With the occurrence of death, the matter of restriction also ends, and the transfer transactions of the assets belonging to the restricted person are carried out by their legal heirs as specified in the certificate of inheritance. The fact that the legal heirs did not provide support or show interest in the care of the restricted person during the period when they were alive and healthy does not affect their status as heirs.
In accordance with Article 422 of the Turkish Civil Code;
IV. Refusal and objection
1. Procedure
Turkish Civil Code Article 422- A person appointed as a guardian may exercise the right to refuse the guardianship within ten days starting from the notification of this situation to them. Any person concerned may assert that the appointment is contrary to the law within ten days starting from the day they learn that the guardian has been appointed. If the guardianship authority finds the reason for refusal or objection to guardianship to be valid, it appoints a new guardian; if it does not find it valid, it notifies the situation to the supervisory authority together with its opinion on the matter in order to render the necessary decision.
is regulated as follows.
In accordance with the relevant articles of the Turkish Civil Code; everyone who is a guardian has the right to claim that the appointment is contrary to the law within ten days from the day they learn that the guardian has been appointed. Since the decision to appoint a guardian most concerns the person to whom the guardian is appointed, first and foremost, the restricted person themselves may object to the guardian. Anyone who is remotely or closely, more or less interested in or has an interest in the decision to appoint a guardian may object. Since guardianship is a matter concerning public order, the concept of "interested person" is interpreted in the broadest possible sense in doctrine and practice. The friend, teacher, lawyer of the restricted person, another candidate for guardianship, or persons who live with or are in a relationship with the person under guardianship in some way may be included among the "interested" persons. Interested parties may object to the decision by asserting situations such as the existence of a conflict of interest between the person under guardianship and the guardian, the guardian leading a dishonorable life, there being a contradiction to the Turkish Civil Code in the appointment of the guardian, or the existence of a condition preventing guardianship. Article 422 of the Turkish Civil Code limits the grounds for objection to "being contrary to the law." The objection must be filed with the Civil Court of Peace, which is the guardianship authority that made the appointment, by explaining the reasons.